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HomeMy WebLinkAbout09/25/2014 P&Z Minutes 28-14 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO.PZ-28-14 Hearing Date: September 25th,2014 PROPERTY ADDRESS: 300 N. Elmhurst Avenue PETITIONER: Northwest Covenant Church of Mount Prospect PUBLICATION DATE: September 10th, 2014 PIN NUMBER: 03-34-303-017; 03-34-303-018; 03-34-303-020 REQUEST Variation- Exterior Side Yard Setback MEMBERS PRESENT: Agostino Filippone Thomas Fitzgerald William Beattie Keith Youngquist Jeanne Kueter Norbert Mizwicki Joseph Donnelly, Chairman MEMBERS ABSENT: Sharon Otteman STAFF MEMBERS PRESENT: Consuelo Andrade, Senior Planner Brian Simmons,Deputy Director of Community Development INTERESTED PARTIES: Bill Brimm, Mary Scutter Chairman Donnelly called the meeting to order at 7:30 pm. Commissioner Beattie made a motion, seconded by Commissioner Youngquist to approve the minutes of the August 28th, 2014 Planning and Zoning Commission Meeting; the minutes were approved 7-0. After hearing one (1) previous case Chairman Donnelly introduced Case PZ-28-14, 300 N. Elmhurst Avenue. Ms. Andrade stated that the Petitioner for PZ-28-14 is seeking a Variation to allow a fourteen and one half foot(14.5')exterior side yard setback for a memorial patio at 300 N. Elmhurst Avenue. Ms. Andrade further explained the Subject Property is located on the north side of Isabella Street, in between Eastwood and Elmhurst Avenue, and includes an existing church with related improvements. The Subject Property is zoned RA Single-Family Residence and is bordered on all sides by the RA District. Ms. Andrade stated that the existing improvements on the Subject Property include a memorial patio located in the exterior side yard facing Elmhurst Avenue. The memorial patio was constructed earlier this year without a permit and measures approximately four hundred and sixty four square feet(464')in area. She further explained the petitioner subsequently applied for a building permit, but was denied as the Subject Property did not comply with the required exterior side yard setback and exceeded the overall lot coverage permitted. The Petitioner intends to comply with the overall lot coverage and is only seeking a Variation to the exterior side yard setback. Planning and Zoning Commission Meeting-September 25, 2014 PZ-28-14 Joseph Donnelly, Chair Ms. Andrade stated that the overall lot coverage measures approximately 75.5% when a maximum of 75% is permitted. The Petitioner intends to remove areas of the memorial patio area and existing walkways in order to comply with the overall lot coverage. Ms. Andrade explained that the memorial patio will be reduced down to 385.71 square feet in area and 239.88 square feet of the existing sidewalk areas located along the north building elevation will be removed. The removal of the pavement areas will reduce the overall lot coverage to 74.86%. Ms. Andrade stated that the site plan indicates a fifteen foot and ten inches (15'l 0) setback as measured from the public sidewalk. Once the patio area is modified, the setback will measure fourteen and one half feet (14.5') as measured to the exterior side yard property line when a minimum of twenty feet (20') is required. Ms.Andrade summarized the standards for a Variation as the following: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property,and neighborhood character. Ms. Andrade stated per the Petitioner, the purpose of the memorial patio is multifaceted. She further explained the memorial patio is meant to provide a safe area for congregates to reflect and honor those who have passed. Otherwise congregates use the lawn area which poses a safety hazard due to the uneven conditions. Ms. Andrade stated that the memorial patio is also meant to make the church more welcoming and visible to the neighbors. The Petitioner indicates the memorial patio beautifies the Subject Property and that they have received favorable feedback and seen an increase in attendance. Ms. Andrade stated Staff is supportive of the setback Variation request as a hardship exists due to the property's unique physical characteristics. She further stated the lot configuration is irregular and existing improvements limit the areas of development. The parking lot and principal drive aisle takes up the north end while the building and additional parking take up the south end of the lot. Ms. Andrade explained the existing open areas are located in the front and exterior side yards. Further the memorial patio would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Ms. Andrade stated that the memorial patio does not serve as a standard patio. The design is open and consists of landscaping around it. The Village Code's twenty foot(20') setback is intended for buildings and patios which are meant to act as a recreation area or outdoor dining area. Further,once the patio area is modified, the width of the individual components would be consistent with the eight foot (8') width allowed for open stoops and principal walks permitted as obstructions in front and exterior side yards. Ms. Andrade stated that Staff finds the Variation request to the exterior side yard setback meets the Variation Standards listed in the Zoning Code and that based on the findings, Staff recommends that the Planning and Zoning Commission approve the following motion: Planning and Zoning Commission Meeting-September 25, 2014 PZ-28-14 Joseph Donnelly, Chair "To adopt staff findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of: A Variation to allow a fourteen and one half feet(14.5')exterior side yard setback for a memorial patio, as shown in the plan dated July 2, 2014." Ms. Andrade stated the Planning&Zoning Commission's decision is final for this case. Chairman Donnelly swore in Bill Brimm 916 North Gibbons, Arlington Heights; and Mary Scutter 397 West Dempster Street, Des Plaines. Chairman Donnelly asked how the Petitioners are affiliated with the Church. Mr. Brimm stated that he was head of the Church and Ms. Scutter stated she is in charge of the Church's outreach and mission programs. Chairman Donnelly asked the Petitioner to explain what they plan on doing with the project. Mr. Brimm stated that Staff did a good job explaining the case. He stated the construction of the patio has already been completed because of a permitting mix up, in which the contractor was unaware a permit was needed to complete the project. He further explained people have used the memorial garden as a place to reflect. Mr. Brimm stated the area where the memorial garden is located used to be a defective use of space that wasn't in good shape. He further explained that the garden was also put in for safety reasons as well as aesthetics. Mr. Brimm stated it does encroach into the setback. Ms. Scutter stated that they have re-landscaped the front and side yard and created a nice entrance to the Church. She further stated that she has received many compliments from the neighbors on the improvements. Ms. Scutter stated they have had an increase in participation at the Church and are excited about being more involved in the Mount Prospect Community. Commissioner Beattie asked what the area was used for before the construction of the patio. Mr. Brimm stated that it was just a grassy area with no accessibility to the Church. He further stated they now have an accessible path from the parking lot. Commissioner Youngquist stated he thinks the Petitioners have done a great job with the project. Chairman Donnelly asked if there was anyone in the audience to discuss the case,hearing none he closed the public portion of the case and brought the discussion back to the board. Commissioner Kueter made a motion seconded by Commissioner Youngquist to approve the following motion: Planning and Zoning Commission Meeting-September 25, 2014 PZ-28-14 Joseph Donnelly,Chair "To allow a Variation of fourteen and one half feet(14.5')exterior side yard setback for a memorial patio, as shown in the plan dated July 2,2014." UPON ROLL CALL AYES: Fitzgerald, Beattie,Youngquist,Kueter,Mizwicki, Filippone,Donnelly NAYS:None The motion was approved 7-0 and,this case is Planning and Zoning Commission final. After hearing three (3) additional cases Commissioner Yongquist made a motion seconded by Commissioner Beattie to close the hearing and the meeting was adjourned at 9:09 pm. Jenna Moder,Administrative Assistant Community Development Planning and Zoning Commission Meeting-September 25, 2014 PZ-28-14 Joseph Donnelly, Chair